Sex and Punishment: Four Thousand Years of Judging Desire (58 page)

9
Millot and L’Ange,
The School of Venus,
16; Stone,
Family, Sex and Marriage
, 538; Hearne, Wood, and Leland,
Lives
, 187–88; Donald Thomas, introduction to Millot and L’Ange,
School of Venus
, 50–51.

10
Stone,
Family, Sex and Marriage
, 492–93, 559–60; Greenberg,
Construction of Homosexuality
, 327–28; Pepys,
Diary
, entry for July 1, 1663; Bingham, “Seventeenth-Century Attitudes”; Burg, “Ho Hum,” 69–73. The term “buggery” originated in medieval Europe as an insult used to describe the rumored homosexual practices of heretics from the Buggre sect, which originated in Bulgaria. The sect’s followers were called
bogomils
, which became
buggres
once its adherents spread abroad. See
New Oxford American Dictionary
, 2nd ed.; Cynthia Herrup, “Patriarch at Home.” Despite the tendency of law enforcement to pursue the death penalty when same-gender sex also involved heresy, bestiality, or witchcraft, there were still quite a few straightforward homosexual-sodomy prosecutions in some areas of Europe. See Boes, “On Trial for Sodomy,” 27; Monter, “Sodomy and Heresy,” 41–55; Crompton,
Homosexuality and Civilization
.

11
Crompton, “Myth,” 18; Boes, “On Trial for Sodomy,” 33–35; Crompton,
Homosexuality and Civilization
, 324; Monter, “Sodomy and Heresy,” 43–47; Masters,
Forbidden Sexual Behavior
, 37–39; Kadri,
The Trial
, 167–68; Maxwell-Stuart, “Wild, Filthie,” 83–87, 92; Evans,
Criminal Prosecution
.

12
Klaits,
Servants of Satan
, 52–53, 57–59, 128, 138–39; Levack,
Witch-Hunt
; Midelfort,
Witch Hunting
, 22–24; Kadri,
The Trial
, 123; Robbins,
Encyclopedia of Witchcraft
, 289–90, 374, 464, 467; Levack,
Witchcraft Sourcebook
, 107–8, 199, 290; Stephens,
Demon Lovers
, 5, 101–2, 281; Roper, “Witchcraft,” 136–37; Rémy and Summers,
Demonolatry
, ch. 6; Masters,
Forbidden Sexual Behavior
, 50.

13
Trachtenberg,
Devil and the Jews
, 45–47; Poliakov,
History of Anti-Semitism
, 142, 152–53. De Lancre’s descriptions of sabbats have to be read to be believed. They go on for hundreds of nauseating pages, and involve thousands of witches having sex with each other and with devils at the same time and the liberal enjoyment of monstrous satanic penises, incest, child cannibalism, homosexuality, and the preparation of poisons. See Klaits,
Servants of Satan
, 33, 52–53, 57, 72–73, Kramer and Sprenger,
Malleus
, Part 1, Question I, Part II, Question VII, Part III, Questions VII, XIII, XV; Robbins,
Encyclopedia of Witchcraft
, 492–94; see also Fudenberg and Levine,
Steady State Learning
, which applies game theory to water ordeals; James I,
Daemonologie
; Levack,
Witchcraft Sourcebook
, 82–83, 100.

14
Scott,
History of Torture
, 97; Deacon,
Matthew Hopkins
, 110; Maple,
Dark World of Witches,
100; Kramer and Sprenger,
Malleus
, Part II, Questions XIII–XV, Part III, Section XV; Klaits,
Servants of Satan
, 134, 141; Stephens,
Demon Lovers
, 6; Rémy and Summers,
Demonolatry
, 161–65; Lea,
History of the Inquisition
, sec. 227; Ankarloo and Stuart Clark,
Athlone History of Witchcraft
, 2, 57; Gent,
Trial of the Bideford Witches
, 7.

THE NEW WORLD OF SEXUAL OPPORTUNITY

1
Rothman,
Notorious in the Neighborhood
, 149–63; Higginbotham and Kopytoff, “Racial Purity,” 1967–2028; Bardaglio, “Rape and Law,” 749–72; Block,
Rape and Sexual Power
, 183. In one Virginia case, a slave women named Sukie successfully resisted her master’s advances by shoving him into a boiling cauldron, but her owner soon got rid of her:

“Ole Marsa was always tryin’ to make Sukie his gal.” One day when she was making lye soap and he approached her, she “gave him a shove an’ push his hindparts down in de hot pot o’ Soap. Soap was near to bilin’, an’ it burn him near to death . . . Marsa never did bother slave gals no mo’.” But a few days later Sukie was sent to the auction block.
(Rachel F. Moran, “Love with a Proper Stranger,” 1665)

2
Wood, “Sexual Violation,” 9; Sayre, “Native American Sexuality,” 38–39; Burnard, “Sexual Life,” 163–89.

3
Wood, “Sexual Violation,” 11–19; Cave,
Lethal Encounters,
n.39; Sayre, “Native American Sexuality,” 39.

4
Trexler,
Sex and Conquest
, 1, 40, 47, 65, 82, 146; Goldberg,
Sodometries
, 179–82, 193–202.

5
Brundage,
Law, Sex, and Christian Society
, 518; Elbl, “Men Without Wives.”

6
Sayre, “Native American Sexuality,” 40–41; Spear, “Colonial Intimacies,” 75–98.

7
Spear, “Colonial Intimacies,” 91–98; Donoghue,
Black Women/White Men
, 7; Lavrin, “Sexuality in Colonial Mexico,” 47–95; Waldron, “Sinners and the Bishop,” 157–77.

8
Brent Staples, “On Race and the Census: Struggling with Categories That No Longer Apply,”
The New York Times
, February 5, 2007; Rowland Nethaway, “Government Census Methods Promote Enduring Racial Myths,”
Los Angeles Daily Journal
, March 20, 2007; Woodson, “Beginnings of Miscegenation,” 44.

9
Bardaglio,
Reconstructing the Household
, 51–53; Woodson, “Beginnings of Miscegenation,” 45–48; Higginbotham and Kopytoff, “Racial Purity,” 1989, 1991, 1996.

10
Higginbotham and Kopytoff, “Racial Purity,” 1996, 2024; Woodson, “Beginnings of Miscegenation,” 51–58; Zabel, “Interracial Marriage and the Law,” 56–57 (noting that Florida declared people to be “Negroes” only if they had full “Negro” great-grandmothers).

11
Sweet,
Legal History
, 154–55. See also Rothman,
Notorious in the Neighborhood
, 38–46. The controversy as to whether or not Jefferson fathered children with Sally Hemmings has generated no small amount of debate and literature. Rothman takes the position that they indeed had children together, but of course there are reasonable arguments on both sides of the issue.

12
Ariela J. Gross, “Litigating Whiteness,” 112, 126, 133, 138, 167, 170–75.

13
Bardaglio,
Reconstructing the Household
, 52; Higginbotham and Kopytoff, “Racial Purity,” 1982–83.

14
Rothman,
Notorious in the Neighborhood
, 168–71, 177; Bardaglio,
Reconstructing the Household
, 63; Forret,
Race Relations at the Margins
, 209; Virginia Supreme Court quote comes from
Naim v. Naim
, 197 Va. 80, 84, 87 S.E.2d 749, 752 (1956). Naim involved a Chinese male and a white female who had a valid marriage ceremony in North Carolina and returned to Virginia to reside as husband and wife. For the 2009 quote from the Louisiana justice of the peace, see “Louisiana: Calls for Resignation,”
The New York Times
, October 17, 2009.

15
Foucault,
Foucault Live
, 331; Wood, “Sexual Violation in the Conquest of the Americas,” 16, 24, 33.

16
Elbl, “Men Without Wives,” 68–69; Wood, “Sexual Violation,” 23; Donoghue,
Black Women/White Men
, 13, 61–66, 69, 97–99; Burnard, “Sexual Life,” 166–67, 177–78; Thomas,
Slave Trade
, 418.

17
Bardaglio, “Rape and the Law,” 752–53, 769–70; Bardaglio,
Reconstructing the Household
, 64, 193–94; Block,
Rape and Sexual Power
, 163–64, 176–77, 194, 203; Higginbotham and Kopytoff, “Racial Purity,” 2008–18.

18
Oaks, “Things Fearful to Name,” 268–81; Crompton, “Homosexuals and the Death Penalty,” 277–93.

19
See, generally, Burg,
Sodomy and the Pirate Tradition
.

20
Oaks, “Things Fearful to Name,” 273–76; Burg,
Sodomy and the Pirate Tradition
, 107–78, 122–34, 144–46; Burg,
Gay Warriors
, 103–14; Dynes and Donaldson,
History of Homosexuality
, 134–42.

THE EIGHTEENTH CENTURY: REVELATION AND REVOLUTION

1
Posner,
Sex and Reason
, 51–52; Peakman,
Lascivious Bodies
, 11ff.; Bullough and Bullough,
Women and Prostitution
, 175; Porter, “Mixed Feelings,” 9. See also Hunt,
Politics, Culture, and Class
, 63–66 (describing the “Festival of Reason” held at Notre Dame).

2
Bullough, “Masturbation,” 28–30; Stengers and van Neck, “Masturbation,” 65–69, 75–77, 87–89; Hull,
Sexuality
, 258–80; Levins,
American Sex Machines
, 11–41. Note that antimasturbation campaigns also sometimes targeted girls, who were warned that they risked bladder infections, urinary incontinence, hysterical cravings for sexual intercourse, and loss of rosiness in the cheeks and lips.

3
Porter, “Secrets of Generation Display’d,” 1–9; Clark,
Desire
, 102–7; Roodenburg, “Venus Minsieke Gasthuis,” 84–107; Hitchcock, “Redefining Sex,” 82.

4
The trial transcripts are collected in
Miss Marianne Woods and Miss Jane Pirie Against Dame Helen Cumming Gordon
(Arno Press, 1975). See also Lillian Faderman,
Surpassing the Love of Men
, 147–54.

5
The Hamilton case was reported both in the newspapers and in a pamphlet by the novelist Henry Fielding, titled
The Female Husband: or, The Surprising History of Mrs. Mary, alias Mr. George Hamilton Who Was Convicted of Having Married a Young Woman of Wells and Lived with Her as Her Husband, Taken from Her Own Mouth Since Her Confinement
. Fielding is generally believed to have embellished many of the facts for maximum sensational effect. See Norton,
Mother Clap’s
, 407–9; Thomas,
Henry Fielding
, 253–57.

6
Peakman,
Lascivious Bodies
, 175ff.; McCormick,
Secret Sexualities
, 229ff. (Cleland text).

7
Crompton, “Myth,” 18. The German law, Section 116 of the Constitution of the Holy Roman Emperor Charles V, held: “If anyone commits impurity with a beast, or a man with a man, or a woman with a woman, they have forfeited their lives and shall, after the common custom, be sentenced to death by burning.” See Ericksson, “Lesbian Execution,” 27–40.

8
Clark,
Desire
, 134–35; Noordam, “Sodomy in the Dutch Republic,” 207–28; Norton,
Mother Clap’s
, 86–87; Bristow,
Vice and Vigilance
, 12–13; Bloch,
Sex Life in England
, 129.

9
Hunt,
Governing Morals
, 34–38, 48–51; Bristow,
Vice and Vigilance
, 17–21, 30–31; Norton,
Mother Clap’s
, 62–63, 68, 88, 98–99, 105.

10
Van der Meer, “Persecutions of Sodomites,” 271–76; Noordam, “Sodomy in the Dutch Republic,” 207–28; Steakley, “Sodomy in Enlightenment Prussia,” 165–66.

11
Coward, “Attitudes to Homosexuality,” 235–43; Copley,
Sexual Moralities in France
, 18–24; Merrick,
Order and Disorder
, 295–96, 307–8, 322; Rey, “Police and Sodomy,” 134–35, 141–42.

12
Naphy,
Sex Crimes
, 66–67; Trumbach,
Heterosexuality
, 210–13; Simpson, “Vulnerability and the Age of Female Consent,” 192–94; Hyde,
History of Pornography
, 148; Ulrich,
Midwife’s Tale
, 118–27.

13
Stone, “Libertine Sexuality,” 513–19; Peakman,
Lascivious Bodies
, 237, 246–50; Rousseau,
Confessions
, 10–11; Hyde,
History of Pornography
, 127.

14
Dekkers,
Dearest Pet
, 10–11; Parker, “Is a Duck an Animal?”, 103–4; Evans,
Criminal Prosecution
, 150–51; Peakman,
Lascivious Bodies
, 255–61; Hayman,
Marquis de Sade
, 151; Copley,
Sexual Moralities in France
, 34, 55–56. Note that in 2009, an American man was sentenced to three years’ jail time for a second sexual offense against the same horse. The animal’s owner had become suspicious “because her horse was acting strange and getting infections, and she noticed things were moved around the barn and dirt was piled up near the horse’s stall.” The offender was caught on video. See “SC Man Gets 3 Years in Prison for Sex with Horse,” Associated Press, November 4, 2009; see also Masters,
Forbidden Sexual Behavior
, 16, 130.